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Friday, May. 2, 2025

Does federal law require employers to offer breaks for people who are breastfeeding?

Lizzie Ramirez, The Nevada Independent
yes

According to the federal Fair Labor Standards Act (FLSA), nursing employees have the right to take reasonable break times to express breastmilk. 

Covered employees also must be paid or be completely relieved of their duties. Individuals aren’t required to pump and work if they aren’t being paid. The duration of breaks may vary.

The Providing Urgent Maternal Protections for Nursing Mothers Act, passed in 2022, also requires employers to provide reasonable break time and a safe, clean, private space for pumping. The private space cannot be a bathroom and these provisions apply regardless of gender. 

FLSA requires the private space must be a functional location and if the space isn’t a dedicated lactation room, it must be available when needed.

The right to pump at work is available up to one year after the child’s birth. 

See a full discussion of this at The Nevada Independent

This fact brief is responsive to conversations such as this one.

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The Nevada Independent is a nonpartisan, nonprofit news and opinion website founded in 2017 by veteran political journalist and commentator Jon Ralston. The site and its supporting channels are focused on ethical, unbiased and transparent journalism. In general, we aim to gather and disseminate important public information and increase civic engagement. We are supported by corporate donations, memberships, event ticket sales and sponsorships and foundation grants. We disclose all our members and donors. Donors have no influence over our content, ever. The Nevada Independent is the dba for Nevada News Bureau, Inc., a 501(c)3 nonprofit founded in 2010 by Elizabeth Thompson, who now serves as one of The Nevada Independent's managing directors and its Editor.

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